Karnataka High Court
Sri Rajanikant S/O Manibhai Patel vs Swakul Sali (Daivaki) Samaj on 18 July, 2023
Bench: Rajendra Badamikar
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NC: 2023:KHC-D:7422
CRP No. 100037 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 18TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
CIVIL REVISION PETITION NO. 100037 OF 2022
BETWEEN:
SRI. RAJANIKANT S/O MANIBHAI PATEL
AGE: 75 YEARS, OCC: BUSINESS,
R/O: JAMCO TEA DEPOT, PAN BAZAR,
SALER MATH, DURGAD BAIL,
HUBBALLI, DIST: DHARWAD-580020.
REPRESENTED BY HIS POWER OF ATTORNEY HOLDER
SRI. PRITESH S/O RAJANIKANT PATEL
AGE: 54 YEARS, OCC: BUSINESS
R/O: I MAIN, II CROSS, DESHAPANDE NAGAR,
TQ: HUBBALLI, DIST: DHARWAD-580029.
...PETITIONER
(BY SRI. S.S.BETURMATH, ADVOCATE)
AND:
SWAKUL SALI (DAIVAKI) SAMAJ
Digitally
signed by SHRI. ISHWAR MANDIR,
SUJATA
SUJATA SUBHASH
SUBHASH PAMMAR
DIWATE GALLI, HUBBALLI-580020,
PAMMAR Date:
2023.07.20 A CHARITABLE AND RELIGIOUS TRUST
12:54:23 -
0700 REPRESENTED BY ITS PRESIDENT.
...RESPONDENT
(BY SRI. ROHIT L SHEELVANT, ADVOCATE)
THIS CRP IS FILED UNDER SEC.18 OF THE KARNATAKA SMALL
CAUSE COURTS ACT, 1964, PRAYING TO ALLOW THIS REVISION
PETITION AND SET ASIDE THE JUDGMENT AND DECREE DATED
02.12.2021 PASSED BY THE I ADDITIONAL SENIOR CIVIL JUDGE,
HUBBALLI, IN S.C.NO.14/2016 AND DISMISS THE SUIT OF
PLAINTIFF AND ANY OTHER RELIEFS WHICH THIS HONBLE COURT
DEEMS FIT MAY PLEASE BE GRANTED IN FAVOUR OF THE
PETITIONER.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
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CRP No. 100037 of 2022
ORDER
This revision petition is filed by the tenant under Section
18 of the Karnataka Small Cause Courts Act, 1964 challenging
the judgment and decree passed in S.C.No.14/2016 on the file
of the I-Additional Senior Civil Judge, Hubballi dated
02.12.2021.
2. For the sake of convenience, parties herein are
referred with original ranks occupied by them before the Trial
Court.
3. The plaintiff-Samaj filed a suit for possession and
for recovery of arrears of rent against the defendant, who is the
petitioner herein. It is asserted that the plaintiff-Samaj is the
owner of the suit property and suit property was let on rent
w.e.f. 01.04.1988 to the defendant and tenancy is a monthly
tenancy. It is further contended by the plaintiff that the
plaintiff-Samaj require the suit property for its bonafide
occupation and hence, the tenancy of the defendant came to be
terminated by issuing a legal notice dated 05.04.2012. The
defendant failed to vacate the petition premises and also failed
to pay the arrears of rent. Hence, the plaintiff-Samaj filed a suit
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CRP No. 100037 of 2022
for possession of suit property as well as for recovery of arrears
of rent.
4. The suit being contested by the defendant and the
defendant has admitted the jural relationship as well as rate of
rent as asserted. However, he denied other allegations
regarding issuance of notice and other things and sought for
dismissal of the suit.
5. After recording the evidence and after appreciating
the oral as well as documentary evidence, the Trial Court has
decreed the small cause suit with costs and directed the
defendant to handover the vacant possession of the suit
premises within sixty days from the date of decree and also
ordered to pay the arrears of rent to the tune of Rs.8,964/-
vide judgment dated 02.12.2021.
6. This order of eviction came to be challenged in this
petition by the defendant through his power of attorney.
7. Heard the arguments. During the course of
arguments, the learned counsel for the petitioner-defendant
filed an affidavit of Power of Attorney holder of the
defendant/petitioner herein stating that the petition premises
will be vacated on or before 31.03.2024 and within thirty days
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CRP No. 100037 of 2022
from today, they are going to clear the entire arrears of rent.
The said affidavit is placed on record. The jural relationship
between the parties is admitted. The defendant is seeking
extension of time for vacating the premises. In view of his
undertaking by way of affidavit to vacate the suit premises on
or before 31.03.2024, which is endorsed by the learned counsel
for the respondent-plaintiff herein, the revision petition itself
does not survive except for considering the extension of time
for vacating.
8. In view of the admission of jural relationship and
the revision petitioner agreeing to vacate the petition premises,
by filing an unconditional affidavit before this Court, in my
considered opinion, it requires to be considered. In view of the
undertaking given by the defendant, the revision petition does
not survive for consideration and as such, I proceed to pass the
following:
ORDER
The revision petition is dismissed.
However, the revision petitioner-defendant
is granted time till 31.03.2024 to vacate the suit
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CRP No. 100037 of 2022
premises subject to payment of entire arrears of
rent within thirty days from today.
In the event the revision petitioner fails to
pay the entire arrears of rent within a period of
thirty days, the extension of time till 31.03.2024
will not come to the benefit of the revision
petitioner and the respondent-plaintiff is at
liberty to execute the decree.
The arrears of rent, if any, deposited
before the Trial Court or before this Court, shall
be paid to the respondent-plaintiff.
In view of disposal of the matter, pending
interlocutory applications, if any, do not survive
for consideration and are disposed of
accordingly.
Sd/-
JUDGE
